Again, these writs are not returned. Writs, in their nature, are temporary things. When the purposes for which they are issued are answered, they exist no more; but these live forever; no one can be called to account. Thus reason and the constitution are both against this writ. Let us see what authority there is for it. Not more than one instance can be found of it in all our law-books; and that was in the zenith of arbitrary power, namely, in the reign of Charles II., when star-chamber powers were pushed to extremity by some ignorant clerk of the exchequer. But had this writ been in any book whatever, it would have been illegal. All precedents are under the control of the principles of law. Lord Talbot (the Earl of Shrewsbury, an English peer of the era of William and Mary) says it is better to observe these than any precedents, though in the House of Lords the last resort of the subject. No Acts of Parliament can establish such a writ; though it should be made in the very words of the petition, it would be void. An act against the constitution is void. But this proves no more than what I before observed, that special writs may be granted on oath and probable suspicion. The act of 7 and 8 William III. that the officers of the plantations shall have the same powers, etc., is confined to this sense; that an officer should show probable ground; should take his oath of it; should do this before a magistrate; and that such magistrate, if he think proper, should issue a special warrant to a constable to search the places. That of 6 Anne can prove no more. [4] Otis's opponent--his legal preceptor--who argued in favor of the Writs. JAMES OTIS ON THE STAMP ACT. An Oration Delivered Before the Governor and Council In Boston, December 20, 1765. It is with great grief that I appear before your Excellency (Governor Hutchinson) and Honours (of the City Council) on this occasion. A wicked and unfeeling minister (Earl Grenville) has caused a people, the most loyal and affectionate that ever king was blest with, to groan under the most insupportable oppression. But I think, Sir, that he now stands upon the brink of inevitable destruction; and trust that soon, very soon, he will feel the full weight of his injured sovereign's righteous indignation. I have no doubt, Sir, but that the loyal and dutiful representations of nine provinces, the cries and supplications of a distressed people, the united voice of all his Majesty's most loyal and affectionate British-American subjects, will obtain all that ample redress which they have a right to expect; and that erelong they will see their cruel and insidious enemies, both at home and abroad, put to shame and confusion.